What was the outcome of Tenancy Tribunal case 4974293?

The tribunal order states: Milana Stankovic owes Kāinga Ora–Homes And Communities $3,894.00 (“the

How much money was awarded in case 4974293?

Rent Arrears: $3,894.00 awarded to landlord

What type of tenancy dispute was case 4974293?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4974293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10950328-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4974293?

The tribunal order states: Milana Stankovic owes Kāinga Ora–Homes And Communities $3,894.00 (“the

How much money was awarded in case 4974293?

Rent Arrears: $3,894.00 awarded to landlord

What type of tenancy dispute was case 4974293?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4974293?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10950328-Tenancy_Tribunal_Order.pdf.

5 Fifeshire Street, Belmont, Auckland 0622 Tenancy Tribunal Case 4974293 — Rent arrears

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Order

Claims and awards in Tenancy Tribunal application 4974293 — net $3,894.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08/10/2024	$3,894.00	Rent arrears to 08/10/2024
Net award	$3,894.00
Total payable by Tenant to Landlord	$3,894.00

Milana Stankovic owes Kāinga Ora–Homes And Communities $3,894.00 (“the debt”), calculated in the table below:

Milana Stankovic must pay rent and the debt as follows: a. By weekly payments of $286.00, being $256.00 for rent and $30.00 for the debt. b. Payments will be due every Wednesday, with the next payment due on Wednesday 9 Oct 2024 and continuing weekly until the debt is paid in full.

Payments will be allocated to current rent and then rent arrears.

If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at 5 Fifeshire Street, Belmont, Auckland 0622 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.

Reasons

Both parties attended the hearing which was held by telephone on 9 October 2024.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.

I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. My conclusion is supported by several factors: • The tenant has demonstrated a consistent payment history, making 7 consecutive rent payments, along with an additional $30 toward the debt. This regularity shows a clear commitment to addressing the arrears. • The tenant attended the hearing, showing engagement in the process and a proactive approach to resolving the situation. • The tenant has been contacted by Work and Income New Zealand, who indicated that her rent is relatively high given her circumstances. They are undertaking an income-related rent review, which could potentially lead to a reduction in rent and even a rent credit. This could further alleviate her financial obligations and assist in clearing the debt. • The tenant also mentioned that she is soon due to receive her pension, which will provide her with additional financial resources to pay off the remaining debt.

Given these factors, I believe the tenant is in a position to meet her obligations and avoid any future breaches. I have granted a conditional termination order.

The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.

Order

Claims and awards in Tenancy Tribunal application 4974293 — net $3,894.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 08/10/2024	$3,894.00	Rent arrears to 08/10/2024
Net award	$3,894.00
Total payable by Tenant to Landlord	$3,894.00

Milana Stankovic owes Kāinga Ora–Homes And Communities $3,894.00 (“the debt”), calculated in the table below:

Payments will be allocated to current rent and then rent arrears.

Reasons

Both parties attended the hearing which was held by telephone on 9 October 2024.

The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. The tenant wants to repay the debt to avoid immediate termination.

Should a conditional termination order be made?

Given these factors, I believe the tenant is in a position to meet her obligations and avoid any future breaches. I have granted a conditional termination order.

Tenancy Tribunal case 4974293 — Rent arrears at 5 Fifeshire Street, Belmont, Auckland 0622

At a glance

Tenancy Tribunal case 4974293 — Rent arrears at 5 Fifeshire Street, Belmont, Auckland 0622

At a glance

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Should a conditional termination order be made?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions